Dear Sir, My paternal uncle has purchased a plot in 2003 in Bangalore. As per property partition that plot belongs to me(My father expired long back). There is no partition deed also.Unfortunately My uncle expired in 2008. His wife registered it in my name in 2014.As per the legal heir certificate he is survived by wife and 2 children.Now their children are in US. When I wanted to sell the property lawyer said that it should have been signed by children also. Can you please suggest me alternate method to get it legally cleared? May be by giving an paper advertisement??
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) the property was standing I nane of paternal uncle
2) on his demise his widow had only one third share in property
3) 2 children ought to have executed relinquishment or gift deed in your favour
4) your aunt can only transfer her one third share to you
5) 2 children need to sign sale deed if you want to sell the property or execute gift / relinquishment deed In your favour
Is there any alternate method other than this?
1) there is no other alternative way
This property basically belonged to your paternal uncle and after his demise the intestate property devolved equally upon all his legal heirs consisting his wife and two children. Thus all the three are legal heirs are entitled equally to succeed the property. The wife of your paternal aunt had only 1/3rd share in the property hence she could transfer only 1/3rd share to you in your favor. In this scenario the other two children can either either execute a registered release deed relinquishing their rights in favor of their mother and also ratify the transfer executed by their mother in your favor or can directly execute a registered ratification deed to ratify the gift/transfer deed already executed in your favor.
Is there any alternate method other than this?
If the heirs are settled in foreign country and not able to visit India to execute the suggested registered deed then they can execute a power of attorney deed in favor of an agent in India who shall execute the ratification deed in your favor on their behalf accordingly as an alternate method.
Hello,
1) If the uncle had purchased the property in his name and if the partition deed was not registered and there was no will made by him, then his wife and the children are equal heirs to the property as clearly indicated in the legal heir certificate.
2 ) Now that the children who are legal heirs are unavailable and in US, an alternate legal option is to get a POA from them both duly attested/registered through the consulate and get a Rectification Deed registered making them party to the Agreement for Sale which your Aunt had made in your favour. The POA can be made in your favour or in favour of your aunt to execute the Rectification Deed.
On the demise of your uncle his property devolved equally on his widow and children, so all of them had to execute the instrument to transfer it to you. The widow of your uncle alone could not have transferred it. So the lawyer is bang on mark. To cure this defect the children of your uncle should now execute a family settlement with you to transfer their share to you,
1. Get the Rectification Deed done by getting the signatures of your aunt & her 2 children.
2. The children can give POA to their mother and she can execute the Rectification Deed for self and her children.
1. No. Minor Children can not sign any legal document,
2. Wife also can not sign for her minor children for transferring their shares of property,
3. District Judge is the custodian of all the properties of children located at his/her jurisdiction,
4. For dealing with the share of the property of the minor children, the approval of the local District Judge is required and in that case the District Judge shall have to be convinced that the said sell of minor's share of the property is for their welfare only and not for any other purpose,
5. So as of now you are the owner bof the share of your Aunty only.
Get the transfer of the shares of the property of the minors to you by your Aunt approved by the local District Judge.